NATIONAL INSURANCE CO LTD Vs. DINESH SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of Single Judge dated 18 -11 -1997. Before dealing with the case on merits, material facts of the case may be mentioned.

(2.) ACCIDENT dated April 10,1993 took place at Kotla village, near Crossing Shati Garden Norh, New Delhi at 5.30 A.M. Claimant Rakesh Singh was the co -driver in the offending Goods Vehicle No.JKU_2833. As a result of this accident, both of his legs amputated. It is alleged that rash and negligent driving by Dinesh Singh (Driver) contributed to this accident. Compensation to the extent of Rs. 11,70,590.21 was claimed through petition filed before N.C.T, Delhi. Therefore, claimant approached the Apex court for the transfer of the claim petition to N.C.T, Jammu.

(3.) ON the pleadings of the parties, the following three issues were framed.